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HomeMy WebLinkAbout92-51 CC ResolutionRESOLUTION NO. 92-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23209 TO SUBDIVIDE 80 ACRES INTO A 220 UNIT SINGLE FAMH~Y SUBDIVISION WITH A 2.9 ACRE PARK LOCATED AT THE EASTERLY TERMINUS OF LA SERENA WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 914-310- 018 THROUGH 032. WHEREAS, Michael Lundin/Laverda Emond filed Tentative Tract Map No. 23209 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Tract Map application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Tract Map on March 16, 1992, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Tract; WHEREAS, the City Council conducted a public hearing pertaining to said Tract Map on June 9, 1992, at which time interested persons had opportunity to testify either in support or opposition to said Tract Map; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Tract Map; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section I. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the 92-51 -1- requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: 1. The city is proceeding in a timely fashion with the preparation of the general plan. 2. The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a. There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c. The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter ~SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The proposed Tract Map is consistent with the SWAP and meets the requirements set forth in Section 65360 of the Government Code, to wit: The city is proceeding in a timely fashion with a preparation of the general 2. The Planning Commission rinds, in approving projects and taldng other actions, including the issuance of building permits, pursuant to this rifle, each of the following: a. There is reasonable probability that Tract Map No. 23209 proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time, because the project is consistent with Ordinance Nos. 348, 460, and SWAP which has been adopted as a guideline. b. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is Re,os 92-51 -2- ultimately inconsistent with the plan because the project is consistent with existing and approved projects to the south and west. c. The proposed use or action complies with all other applicable requirements of state law and local ordinances. D. Pursuant to Section 7.1 of County Ordinance No. 460, no subdivision may be approved unless the following findings are made: 1. That the proposed land division is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed land division is consistent with applicable general and specific plans. 3. That the site of the proposed land division is physically suitable for the type of development. 4. That the site of the proposed land division is physically suitable for the proposed density of the development. 5. That the design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 6. That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems. 7. That the design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division. A land division may be approved if it is found that alternate easements for access or for use will be provided and that they will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction. 8. The City Council in approving the proposed Tentative Tract Map, makes the following findings, to wit: a. The proposed Tract Map will not have significant negative impact on the environment, as determined in the Initial Environmental Assessment prepared for Tentative Tract Map No. 23209. A Negative Declaration is recommended to be reaffu'med. Re,os 92-51 -3- b. There is a reasonable probability that this proposal will be consistent with the General Plan being prepared at this time. The map is consistent with applicable subdivision and land use ordinances, and conforms with the City's Southwest Area Plan (SWAP) guidelines affecting the subject property. c. There is not a likely probability of substantial detriment to, or interference with, the future adopted General Plan, if the proposed use is ultimately inconsistent with the plan. The project is consistent with surrounding development, and does not logically have the potential to generate significant adverse environmental impacts. d. The proposed use or action complies with City and State planning and zoning laws. Reference local Ordinances No. 348, 460, California Governmental Code Sections 65000-66009 (Planning Zoning Law), and Government Code Title 7, Division 2. e. The site is suitable to accommodate the proposed land use in terms of the size and shape of parcel configurations, access, and density. The project has access to public rights-of-way, and is designed with sufficient pad areas allowing appropriate building pad sites. f. The project as designed and conditioned will not adversely affect the built or natural environment as determined in the initial study prepared for this project. Reference the attached Initial Environmental Study and Conditions of Approval for Tentative Tract Map No. 23209. g. The design of the subdivision, the type of improvements and the resulting street layout are such that they are not in conflict with easements for access through or use of the property within the proposed project as conditioned. h. The site for the proposed use is provided legal access via La Serena and Butterfield Stage Road public rights-of-way. Development of these roads shall comply with City Public Works Conditions of Approval contained herein. i. The proposed project will not inhibit or restrict future ability to use active or passive solar energy systems. Adequate lot areas and exposures are provided for these alternatives. j. The proposed use will not have a substantial adverse affect on abutting properties or the permitted use thereof. The proposed map provides for residential development similar in character and densities evident on vicinity properties. Land use incongruities and associated adverse affects arising from Resos 92-51 -4- implementation of this proposal are unlikely. Section IL F, nvironmental Compliance. The Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval have been added to the project and Environmental Assessment No. 33254 was previously considered by the County of Riverside. Therefore, the Negative Declaration is re-affu-med. Section Ill, Conditions. The City of Temecula City Council hereby approves Tentative Tract Map No. 23209 for the subdivision of 80 acres into 220 residential lots and a 2.9 acre park site in the R-T zone located at the easterly terminus of La Serena Way and known as Assessor's Tract No. 914-310-016, 914-310-018 through 032 subject to the following conditions: 1. Attachment 2, attached hereto. Section IV. The City Clerk shall certify the adoption of this Resolution. PASSED, DENIED AND ADOPTED this 9th day of June, 1992. ATTEST: Patricia H. Birdsall, Mayor [SEAL] Resos 92-51 -5- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 9th of June, 1992 by the following vote of the Council: AYES: 5 COUNCILMEMBERS: Birdsall, Moore, Lindemans, Mufioz Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Resos 92-51 -6- ATTACHMENT NO. 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Tentative Tract Map No: 23209 Project Description: 221 Lot residential subdivision on 80 acres, R-T zone. Assessor's Parcel No.: 914-310-018 through 032 PLANNING DEPARTMENT The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance 460, Schedule A, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. This conditionally approved tentative map will expire two years after the approval date, unless extended as provided by Ordinance 460. The expiration date is June 9, 1994. 3. Any delinquent property taxes shall be paid prior to recordation of the final map. Legal paved access as required by Ordinance 460 and the Department of Public Works shall be provided from the tract map boundary to a City maintained road. o Subdivision phasing, including any proposed common open space area improvement phasing, if applicable, shall be subject to Planning Department approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. All slopes over three (3) feet in height shall be landscaped and irrigated according to the City Development Code. A detailed landscaping and irrigation plan, prepared by a qualified professional, shall be submitted to the City Planning Department for review and approval prior to issuance of grading permits. The applicant shall comply with the environmental health recommendations outlined in the County Health Department's transmittal dated January 7, 1992 a copy of which is attached. o The applicant shall comply with the fire improvement recommendations outlined in the County Fire Department's letter dated October 9, 1991 a copy of which is attached. All proposed construction shall comply with the California Institute of Technology, Palomar Observatory Outdoor Lighting Policy, as outlined in the Southwest Area Plan. 10. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmi[tal dated December 19, 1991, a copy of which is attached. S\STAFFRPT~23209.TTM 1 5 11. Lots created by this subdivision shall comply with the following: 12. 13. 14. Lots created by this subdivision shall be in conformance with the development standards of the R-T zone. Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Department of Public Works. The developer shall be responsible for maintenance and upkeep of all slopes, landscaped areas and irrigation systems until such time as those operations are the responsibilities of other parties as approved by the Planning Diroctor. Temecula Community Services District.(Changed per the Planning Commission meeting on March 16, 1992). Prior to recordation of the final map, an Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the final map to delineate identified environmental concerns and shall be permanently filed with the office of the City Engineer. A copy of the ECS shall be transmitted to the Planning Department for review and approval. The approved ECS shall be forwarded with copies of the recorded final map to the Planning Department and the Department of Building and Safety. The following note shall be placed on the Environmental Constraints Sheet: "This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory. Prior to the issuance of GRADING PERMITS the following conditions shall be satisfied: Prior to the issuance of grading permits detailed common open space area landscaping and irrigation plans shall be submitted for Planning Department approval for the phase of development in process. The plans shall be certified by a landscape architect, and shall provide for the following: Permanent automatic irrigation systems shall be installed on all landscaped areas requiring irrigation. Landscape screening where required shall be designed to be opaque up to a minimum height of six (6) feet at maturity. All utility service areas and enclosures shall be screened from view with landscaping and decorative barriers or baffle treatments, as approved by the Planning Director. Utilities shall be placed underground. Parkways shall be landscaped to provide visual screening or a transition into the primary use area of the site. Landscape elements shall include earth berming, ground cover, shrubs and specimen trees. Front yards shall be landscaped and street trees planted. S\STAFFRPT~2.3 2o9.'1-r M 1 6 Wall plans shall be submitted for the project perimeter and along La Serena Way. Wooden fencing shall not be allowed on the perimeter of the project. All lots with slopes leading down from the lot shall be provided with gates in the wall for maintenance access. Landscaping plans shall incorporate the use of specimen accent trees at key visual focal points within the project. go Where street trees cannot be planted within right-of-way of interior streets and project parkways due to insufficient road right-of-way, they shall be planted outside of the road right-of-way. Landscaping plans shall incorporate native and drought tolerant plants where appropriate. All existing specimen trees and significant rock outcroppings on the subject property shall be shown on the project's grading plans and shall note those to be removed, relocated and/or retained. All trees shall be minimum double staked. Weaker and/or slow growing trees shall be steel staked. Any oak trees removed with four (4) inches or larger trunk diameters shall be replaced on a ten (10) to one (1) basis as approved by the Planning Director. Replacement tress shall be noted on approved landscaping plans. If the project is to be phased, prior to the approval of grading permits, an overall conceptual grading plan shall be submitted to the Planning Director for approval. The plan shall be used as a guideline for subsequent detailed grading plans for individual phases of development and shall include the following: Techniques which will be utilized to prevent erosion and sedimentation during and after the grading process. Approximate time frames for grading and identification of areas which may be graded during the higher probability rain months of January through March. 3. Preliminary pad and roadway elevations. Areas of temporary grading outside of a particular phase. All cut slopes located adjacent to ungraded natural terrain and exceeding ten (10) feet in vertical height shall be contour-graded incorporating the following grading techniques: The angle of the graded slope shall be gradually adjusted to the angle of the natural terrain. S\STAFFRPT~23209.'FI'M 1 7 Angular forms shall be discouraged. The graded form shall reflect the natural rounded terrain. The toes and tops of slopes shall be rounded with curves with radii designed in proportion to the total height of the slopes where drainage and stability permit such rounding. .. Where cut or fill slopes exceed 300 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion. ne Prior to the issuance of grading permits, the developer shall provide evidence to the Department of Public Works that all adjacent off-site manufactured slopes have recorded slope easements and that slope maintenance responsibilities have been assigned as approved by the Dcpartmcnt of P~blic Work~. Temecula Community Services District. (Changed at the Planning Commission meeting on March 16, 1992). Prior to the issuance of a grading permit, the applicant shall comply with the provisions of Ordinance No. 663 by paying the appropriate fee set forth in that ordinance. Should Ordinance No. 663 be superseded by the provisions of a Habitat Conservation Plan prior to the payment of the fee required by Ordinance No. 663, the applicant shall pay the fee required by the Habitat Conservation Plan as implemented by County ordinance or resolution. 15. Prior to the issuance of grading permits, a qualified paleontologist shall be retained by the developer for consultation and comment on the proposed grading with respect to potential paleontological impacts. Should the paleontologist find the potential is high for impact to significant resources, a pre-grade meeting between the paleontologist and the excavation and grading contractor shall be arranged. When necessary, the paleontologist or representative shall have the authority to temporarily divert, redirect or halt grading activity to allow recovery of fossils. 16. Prior to the issuance of BUILDING PERMITS the following conditions shall be satisfied: No building permits shall be issued by the City for any residential lot/unit within the project boundary until the developer's successor's-in-interest provides evidence of compliance with public facility financing measures. A cash sum of one-hundred dollars (~100) per lot/unit shall be deposited with the City as mitigation for public library development. Prior to the submittal of building plans to the Department of Building and Safety ar~ acoustical study shall be performed by an acoustical engineer to establish appropriate mitigation measures that shall be applied to individual dwelling units within the subdivision to reduce ambient interior noise levels to 45 Ldn. Ce All building plans for all new structures shall incorporate, all required elements from the subdivision's approved fire protection plan as approved by the County Fire Marshal. S\STAFFRP'1~23209. TTM 1 8 All dwellings to be constructed within this subdivision shall be designed and constructed with fire retardant (Class A) roofs as approved by the Fire Marshal. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Department approval. F. Roof-mounted equipment shall be shielded from view of surrounding property. Building separation between all buildings including fireplaces shall not be less than ten (10) feet. H. All street side yard setbacks shall be a minimum of ten (10) feet. All front yards shall be provided with landscaping and automatic irrigation. 17. Prior to the issuance of first OCCUPANCY PERMITS or model home the following conditions shall be satisfied: (Revised at the Planning Commission meeting on March 16, 1992). All landscaping and irrigation shall be installed in accordance with approved plans prior to the issuance of occupancy permits. If seasonal conditions do not permit planting, interim landscaping and erosion control measures shall be utilized as approved by the Planning Director and the Director of Building and Safety. All landscaping and irrigation shall be installed in accordance with approved plans and shall be verified by City field inspection. Not withstanding the preceding conditions, wherever an acoustical study is required for noise attenuation purposes, the heights of all required wa~ls shall be determined by the acoustical study where applicable. ~ior to the issuance of an occupancy permit, tho applicant shall enter into an agreement with Inland Disposal, Inc., for the rcfu,~e service to includc the utilization of a small pick up truck equipped with a lift mechanism in order to move the containers out and back into the project; thus, prohibiting the entering of large rcfu,~c trucks into the project. Said agreement -,,hall bc ,~ubmittcd to the Planning Director for approval. (Struck at the Planning Commission meeting on March 16, 1992). 18. Prior to the issuance of grading permits, or any use allowed by this entitlement, the developer shall submit to the Planning Department for review a biology study focusing on the Stephens Kangaroo Rat, a Federally listed endangered species. Said report shall be prepared by one of the state certified biologists licensed to handle the SKR. Said report shall contain but not be limited to information relative to quality, density, and extent of occupied habitat. In addition, the developer shall comply with any processes in effect to mitigate the potential disturbance of SKR habitat. S\STAFFRPT~23209.TTM 1 9 19. 20. The subdivider shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 23209, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the subdivider of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the subdivider of any such claim, action, or proceeding or fails to cooperate fully in the defense, the subdivider shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The developer shall make a good faith effort to acquire the required off-site property interests, and if he or she should fail to do so, the developer shall at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer, at the developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. 21. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence. 22. All utilities, except electrical lines rated 33kv or greater, shall be installed underground. Covenants, Conditions and Restrictions/Reciprocal Access Easements: 23. The Covenants, Conditions and Restrictions (CC&R's) shall be reviewed and approved by the Planning Department prior to final approval of the tract maps. The CC&R's shall include liability insurance and methods of maintaining the open space, recreation areas, parking areas, private roads, and exterior of all buildings. 24. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group, or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include S\$TAFFP, PT~3209.'I-rM 20 compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City of Provisions required by the City as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 25. Maintenance for all landscaped and open areas, including parkways, shall be provided for in the CC&R's. 26. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) as share in the corporation, or voting membership in an association, owning the common areas and facilities. 27. All existing specimen trees on the subject property shall be preserved wherever feasible. Where they cannot be preserved they shall be relocated or replaced with specimen trees as approved by the Planning Director. 28. Any oak trees removed with four (4) inch or larger trunk diameters shall be replaced on a ten (10) to one (1) basis as approved by the Planning Director. 29. Within forty eight (18) hours of thc approval of this project, the applicant/developer sh~11 deliver to the Manning Dcpartmcnt a cashiers check or money order payable to the County Clerk in the amount of Eight I lundrcd, Seventy Five Dollars (9875.00) which includes the Eight I lundrcd, Fifty Dollar ($850.00) fcc, in compliance with 31158, required by Fish and Game Code Section 711.'1(d)(3) plus the Twcnty Five Dollar (925.00) County administrative fcc, to cnablc the City to file the Notice of Determination required under Public Resources Code Section 21162 and 1 '1 Cal. Code of Regulations 15001. If within such forty eight ('18) hour period the applicanttdcvclopcr has not delivered to the Planning Department thc check required above, the approval for the project grantcd herein shall bc void by reason of failure of condition, Fi-,,h and Game Code Section 711 .'I(c). (Struck at the Planning Commission meeting on March 16, 1992). 30. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars (91,250.00) fee, in compliance with AB 3158, required by Fish and Game Code Section 711.4(d)(2) plus the Twenty-Five Dollar (925.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty- eight (48) hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711.4(e). S\STAFFRP'r~23209.TTM 2 1 31. Prior to the issuance of the 75th certificate of occupancy for the entire project area, the applicant shall have completed to the satisfaction of the Community Services Director Temecula Community Services District all park site improvements relevant to Lot No. 221 of Tentative Tract Map No. 23209. (Revised at the Planning Commission meeting on March 16, 1992). 32, Prior to the issuance of any occupancy permits the developer shall submit to the City a disclosure statement for the tract area which identifies the potential future impact of noise associated with the potential placement of wind machines at the adjacent vineyard. Said disclosure shall inform buyers that rights to protest have been waived by the developer. Said document shall be subject to the approval of the Planning Director and the City Attorney. Said approval shall be obtained prior to the issuance of occupancy permits. The City will require that said document will be submitted to and signed in agreement by future residential occupants. (Added at the Planning Commission meeting on March 16, 1992). DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Subdivider has correctly shown on the tentative map all existing and proposed easements, traveled ways, improvements constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PRIOR TO RECORDATION OF THE FINAL MAP.' 33. "Prior to recordation of the final map, an Assessment District or other public financing mechanism shall be established to address access to the Tract along Butterfield Stage Road and Nicholas Road. The Subdivider shall participate in and pay for its fair share of any such Assessment District or other public financing mechanism." 34. As deemed necessary by the Department of Public Works, the developer shall receive written clearance from the following agencies: Rancho California Water District; Eastern Municipal Water District; Riverside County Flood Control district; City of Temecula Fire Bureau; Planning Department; Department of Public Works; Riverside County Health Department; CA'FV Franchise; Parks and Recreation Department; and Metropolitan Water District. 35. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision which is part of an existing Assessment District Must comply with the requirements of said section. S\STAFFRPT~23209.~I'M 22 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. All road easements and/or street dedications shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. The existing Walcott Lane alignment shall be vacated as a public street and rededicated to TCSD as a public park site as directed by the Department of Public Works. Said vacation and rededication shall be applied for by the applicant and approved by the City Council prior to recordation of the final map. Provision shall also be made for right-of-way dedication to provide for the remainder of the cul-de-sac bulb for Leigh Lane. Streets "A", "B", "C", "D", "E', "G", "H", "J", "K", "L", "M", "N" and "O" shall be improved with 40 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 104, Section A (60'/40'). Streets "F" and "1" shall be improved with 36 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 105, Section A (60'/36'). Ahern Lane and Walcott lane shall be improved with 44 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 103, Section A (66'/44'). La Serena Way shall be improved with 64 feet of asphalt concrete pavement, or bonds for the street improvements may be posted, within the dedicated right-of-way in accordance with City Standard No. 102, (88'/64'). Full width improvements shall extend westerly to connect to existing roadway improvements. Butterfield Stage Road shall be improved with 43 feet of half street improvement plus a raised median and one 12.' lane, or bonds for the street improvements may be posted, within a 110' dedicated right-of-way in accordance with City Standard No. 100, (110'/86'). The design shall conform to the vertical alignment approved by City Council on November 12, 1991. Standard cul-de-sacs and knuckles and offset cul-de-sacs shall be constructed throughout the land division. The subdivider shall provide/acquire sufficient public offsite rights-of-way to provide for primary and secondary access road(s) to a paved and maintained road. Said access road(s) shall be constructed in accordance with City Standard No. 106, Section B. (32'/60') at a grade and alignment approved by the Department of Public Works. Said offsite access roads shall include, but not be limited to, the southerly and easterly extensions of Butterfield Stage Road to Rancho California Road or as approved by the Department of Public Works. East and west bound left turn lanes shall be provided on La Serena Way at the intersections with Walcott Lane, Street "B" and Butterfield Stage Road as approved by the Department of Public Works. S~STAFFRFT~2,3209.TTM 23 46. Vehicular access shall be restricted on Butterfield Stage Road and La Serena Way and so noted on the final map with the exception of street intersections and driveways as approved by the Department of Public Works. 47. Corner property line cut off shall be required per Riverside County Standard No. 805. 48. Minimum lot frontages along the culode-sacs and knuckles shall be 35 feet. 49. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted and recorded as directed by the Department of Public Works. 50. A declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared by the developer and submitted to the Director of Planning, City Engineer and City Attorney. The CC&R's shall be signed and acknowledged by all parties having any record title interest in the property to be developed, shall make the City a party thereto, and shall be enforceable by the City. The CC&R's shall be reviewed and approved by the City and recorded. The CC&R's shall be subject to the following Engineering conditions: A. The CC&R's shall be prepared at the developer's sole cost and expense. The CC&R's shall be in the form and content approved by the Director of Planning, City Engineer and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interest of the City and its residents. The CC&R's and Articles of Incorporation of the Property Owner's Association are subject to the approval of Planning, Department of Public Works, and the City Attorney. They shall be recorded concurrent with the final map. A recorded copy shall be provided to the City. The CC&R's shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, drainage and related facilities. The CC&R's shall provide that the property shall be developed, operated and maintained so as not to create a public nuisance. The CC&R's shall provide that if the property is not maintained in the condition required by the CC&R's, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&R's or the City ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. The declaration shall contain language prohibiting further subdivision of any lots, whether they are lettered lots or numbered lots. $\STAFFRPT~23209.'FTM 24 All parkways, open areas, and landscaping shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to Planning and the Department of Public Works prior to issuance of building permits. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives or parking areas shall be provided by CC&R's or by deeds and shall be recorded concurrent with the map, or prior to the issuance of building permit where no map is involved. 51, The subdivider shall construct or post security and an agreement shall be executed guaranteeing the construction of the following public improvements in conformance with applicable City standards. Ao Street improvements, including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lights, signing, striping, and other traffic control devices as appropriate. B. Storm drain facilities. C. Landscaping (street and parks). D. Sewer and domestic water systems. E. All trails, as required by the City's Master Plans. F. Undergrounding of proposed utility distribution lines. 52. The street design and improvement concept of this project shall be coordinated with adjoining developments. 53. Street lights shall be provided along streets adjoining the subject site in accordance with the requirements of Ordinance No. 461 and as approved by the Department of Public Works. 54. Prior to recordation of the final map, the developer shall deposit with the Department of Public Works a cash sum as established, per lot, as mitigation towards traffic signal impacts. Should the developer choose to defer the time of payment of traffic signal mitigation fee, he may enter into a written agreement with the City deferring said payment to the time of issuance of a building permit. 55. Street names shall be subject to the approval of the Building and Safety Department. 56. The minimum centerline radii shall be 300 feet or as approved by the Department of Public Works. 57. All street and driveway centerline intersections shall be at 90 degrees or as approved by the Department of Public Works. $\$TAFFRPT~3209.TTM 25 58. Improvement plans shall be based upon a centerline profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the Department of Public Works. 59. A minimum centerline street grade shall be 0.50 percent. 60. All driveways shall conform to the applicable City of Temecula standards and shall be shown on the street improvement plans in accordance with City Standard 207 and 401 (curb sidewalk). 61. All driveways shall be located a minimum of two (2) feet from the side property line. A minimum of 4 feet of full height curb shall be constructed between driveways. 62. The minimum garage setback shall be 30 feet measured from the face of curb. 63. The subdivider shall submit two (2) prints of a comprehensive grading plan to the Department of Public Works. The plan shall comply with the Uniform Building Code, Chapter 70, and as may be additionally provided for in these Conditions of Approval. The plan shall be drawn on 24" x 36" mylar by a Registered Civil Engineer. Letters of permission from adjacent owners shall be provided for all offsite grading work. 64. A geological report shall be prepared by a qualified engineer or geologist and submitted as directed by the Department of Public Works at the time of application for grading plan check. All work shall be in conformance with the County Geologist's letter dated April 28, 1989, and any subsequent amendments. 65, The subdivider shall submit two (2) copies of a soils report to the Department of Public Works. The report shall address the soils stability and geological conditions of the site. 66. A drainage study shall be submitted to and approved by the Department of Public Works. All drainage facilities shall be installed as required by the Department of Public Works. 67. On-site drainage facilities, located outside of road right-of-way, shall be contained within drainage easements shown on the final map. A note shall be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions." 68. A drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows onto the adjacent property. A copy of the recorded drainage easement shall be submitted to the City for review prior to the recordation of the final map. 69. A copy of the improvement plans, grading plans and final map, along with supporting hydrologic and hydraulic calculations should be submitted to the Riverside County Flood Control District for review. S\STAFFRPT~3209.TTM 2 6 70. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Department of Public Works permits the use of streets for drainage purposes, the provisions of Article XI of Ordinance No. 460 will apply. Should the quantities exceed the street capacity, or use of streets be prohibited for drainage purposes, the subdivider shall provide adequate facilities as approved by the Department of Public Works. 71. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing a drainage easement. 72. The developer shall record an Environmental Constraint Sheet delineating areas of identified environmental concerns and shall be permanently filed with the Department of Public Works. 73. Prior to final map, the subdivider shall notify the City's CATV Franchises of the Intent to Develop. Conduit shall be installed to CATV Standards at time of street improvements. PRIOR TO ISSUANCE OF GRADING PERMITS: 74. Prior to issuance of a grading permit, developer must obtain a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until a NPDES permit is granted or the project is shown to be exempt. 75. Prior to any work being performed in public right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Department of Public Works. 76. Prior to any work being performed on the private streets or drives, fees shall be paid and a construction permit shall be obtained from the Department of Public Works. 77. A grading permit shall be obtained from the Department of Public Works prior to commencement of any grading outside of the City-maintained road right-of-way. 78. No grading shall take place prior to the improvement plans being substantially complete, appropriate clearance letters have been obtained, and approval of the grading plan has been granted by the Department of Public works. 79. If grading is to take place between the months of October and April inclusive, erosion control and runoff mitigation plans will be required. All plans shall be submitted with appropriate notes as directed and approved by the Department of Public Works. 80. All lot drainage shall be to the street by side yard drainage swales independent of any other lot. S'~STAFFRPT~23209.TTM ~7 81. A flood mitigation charge shall be paid. The charge shall equal the prevailing Area Drainage Plan fee rate multiplied by the area of new development. The charge is payable to the Flood Control District prior to issuance of permits. If the full Area Drainage Plan fee or mitigation charge has already credited to this property, ,no new charge needs to be paid. 82. A permit from the County Flood Control District is required for work within their right- of-way. PRIOR TO BUILDING PERMIT: 83. A precise grading plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 84. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 85. Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project. The fee to be paid shall be in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not been finally established by the date on which developer requests its building permits for the project or any phase thereof, the developer shall execute the Agreement for payment of Public Facility fee, a copy of which has been provided to developer. Concurrently, with executing this Agreement, developer shall post security to secure payment of the Public Facility fee. The amount of the security shall be 82.00 per square foot, not to exceed ~10,000. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees). By execution of this Agreement, developer will waive any right to protest the provisions of this Condition, of this Agreement, the formation of any traffic impact fee district, or the process, levy, or collection of any traffic mitigation or traffic impact fee for this project; provided that developer is not waiving its right to protest the reasonableness of any traffic impact fee, and the amount thereof. PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY: 86. Construct full street improvements including but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior public streets. 87. Existing city roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Traffic control plans shall be provided as directed by the Department of Public Works, and may be required to be prepared by a registered Civil Engineer. S\STAFFRPT~23209.'rTM 2 8 88. Asphaltic emulsion (fog seal) shall be applied not less than 14 days following placement of the asphalt surfacing and shall be applied at a rate of 0.05 gallon per square yard. Asphalt emulsion shall conform to Section Nos. 37, 39, and 94 of the State Standard Specifications. TRANSPORTATION ENGINEERING PRIOR TO RECORDATION OF THE FINAL MAP: 89. A signing and striping plan shall be designed by a registered Civil Engineer and approved by the Department of Public Works for Butterfield Stage Road and La Serena Way and shall be included in the street improvement plans. 90. Prior to designing any of the above plans, contact Transportation Engineering for the design requirements. PRIOR TO THE ISSUANCE OF ANY ENCROACHMENT PERMITS: 91. A construction area traffic control plan shall be designed by a registered Civil Engineer and approved by the City Engineer for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS: 92. All signing and striping shall be installed per the approved signing and striping plan. 93. The subdivider shall provide "stop" controls at the intersection of local streets with arterial streets as directed by the Department of Public Works. 94. Provide limited landscaping in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance. COMMUNITY SERVICES DEPARTMENT 95. Tract No. 23209 consists of 220 proposed residential dwellings. The required Park Land dedication as per City Ordinance No. 460.93 (Quimby) is 2.9 acres of IMPROVED park land. Prior to recordation of the final map, the applicant or his assignee, shall offer for dedication 2.9 acres of land and execute and agreement with the Community Services Department, stating that the applicant agrees to improve the proposed 2.9 acre property in accordance with Community Services Department standards at the time of execution, for park purposes. 96. The proposed park site shall be identified on the final map by lot number, and indexed to identify said lot number as the proposed park land site. All park site plans shall be reviewed and approved by the Temecula Community Services District prior to recordation. (Added at the Planning Commission meeting on March 16, 1992). S\STAFFRPT~23209,TTM 29 97. A Square foot breakdown of all proposed "Arterial" slopes shall be submitted to the Community Services Department for review prior to the Community Services Department conditioning the arterial slopes for required maintenance (Homeowners Association (HOA) vs. Community Services Department), Prior to recordation of the final map, the applicant or his assignee, shall offer for dedication all arterial slopes to the Temecula Community Services District for maintenance purposes following compliance to existing City standards and completion of an application process. All other slopes shall be maintained by an established Home Owners Association (HOA). (Added at the Planning Commission meeting on March 16, 1992). S\STAFFRPT~23209. ]-rM 3 0